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CORDERO v. CAPITAL BANK

No. 96-2620.

693 So.2d 720 (1997)

Agustin Febres CORDERO, individually, Old Cutler Bay Development Corporation, a dissolved Florida Corporation, Appellants, v. CAPITAL BANK, a Florida Corporation, Next Development, Inc., a Florida Corporation, Somerset Holding Company, Inc., a Florida Corporation, Miami Bay Development Corporation, a Florida Corporation, and Raul Planas, individually, jointly and severally, Appellees.

District Court of Appeal of Florida, Third District.

May 21, 1997.

Attorney(s) appearing for the Case

Bailey & Jones and Timothy Cone and Patricia M. Baloyra and Jesse C. Jones, Miami, for appellants.

Kirkpatrick & Lockhart and Stuart H. Singer, Miami, and Shari J. Fein, for appellee Capital Bank.

Before LEVY, GREEN and SHEVIN, JJ.

PER CURIAM.

We reverse the order dismissing the second amended complaint entered in a damage action filed by Agustin Cordero and Old Cutler Bay Development Corporation against Capital Bank. Under the "logical relationship test" set forth in Londono v. Turkey Creek, Inc., 609 So.2d 14, 20 (Fla.1992), the claims presently asserted by plaintiffs are not compulsory counterclaims that should have been raised in the prior mortgage...

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